Legal Question in Consumer Law in Florida

Garage Sales Dispute

I am being sued in small claims court over a TV that was bought from me for $150 at a garage sale. They didn't ask me to turn it on,even though it worked all day for us. They took it home and brought it back about an hour after and wanted there money back, saying it never worked. I was told by the police that garage sales are sold as is. I would like to know what legal rights I have to stand my ground with this sale.

Asked on 10/01/07, 2:30 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Garage Sales Dispute

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This will be a dispute that a judge will determine. It will most likely be based on which party appears more credible at the trial.

Scott R. Jay, Esq.

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Answered on 10/02/07, 1:07 am
Alan Wagner Wagner McLaughlin, P.A.

Re: Garage Sales Dispute

if you sold it "as is" you are fine. I suspect, however, that you probably have no bill of sale or sales receipt and that the buyer will claim that you warranted (represented) that the TV worked. If the judge believes them, then you lose.

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Answered on 10/01/07, 9:05 pm

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